Group Index Group Image Profile Title Expertise News
0FacultyContreras, JorgeAssociate ProfessorBiomedical Science, Intellectual Property, Property
0FacultyBrown, TeneilleProfessorBioethics, Biomedical Science, Biotechnology, Torts

News and Events

Utah Board of Regents grants permanent approval to Center for Law and Biomedical Sciences

The state Board of Regents today granted permanent approval of the Center for Law and Biomedical Sciences at the S.J. Quinney College of Law. The move positions the center at the University of Utah to offer permanent resources and academic support on issues tied to improving the law as it relates to the rapidly evolving […]

Patent Trolls and the “Presumption of Validity”

By Dave Duncan for BiolawToday.org. Should the “presumption of validity” regarding issued patents be reversed? A patent application goes through an extensive examination process at the United States Patent and Trademark Office (“USPTO”). If and when the applied-for patent is issued, it is presumed to be valid in subsequent legal challenges unless it can be […]

Reflections on Donut Hole: Life in the Medicaid Coverage Gap – Part 2

By 2L Kendra Brown for BioLawToday.org. As a summer project, medical students Spencer Merrick and John Sanchez created a film, Donut Hole: Life in the Medicaid Coverage Gap, in order to put faces to the people in Utah who are suffering due to the lack of the State’s willingness to accept the Medicaid expansion.[1] Though […]

Reflections on Donut Hole: Life in the Medicaid Coverage Gap – Part 1

By Kylie Orme for BioLawToday.org.  This month, the Alliance for a Better Utah and the Center for Law and Biomedical Sciences premiered the new film Donut Hole: Life in the Medicaid Coverage Gap at the University of Utah S.J. Quinney College of Law. The film addresses many important issues regarding Medicaid that impact Utahns right […]

Developments of Interest on the Health IT Front Part 1: Meaningful Use NPRM

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 1 of a three-part series. Read Part 2 | Read Part 3 The NPRM on Meaningful Use (MU) stage 3 is out and comments are due shortly (May 29), https://www.federalregister.gov/articles/2015/03/30/2015-06685/medicare-and-medicaid-programs-electronic-health-record-incentive-program-stage-3#h-14.  MU-3 is the final stage of the program and although it contains some very real progress it continues the […]

Does HIPAA preempt state law claims related to privacy of individually identifiable health information?

By Cullen Archer for BiolawToday.org.   Introduction The Supremacy Clause provides that the Constitution, and Laws and Treaties made pursuant to it, “shall be the supreme Law of the Land.”[1] Accordingly, if there is a conflict between federal law and state law, the latter is preempted. The difficulty is determining whether state or local law should […]

The Donation Ban on Gay Blood

By Travis Walker for the BiolawToday.org blog. Last December the Food and Drug Administration announced its intention to modify regulations for gay blood donors. Under the current rule, men who have had sex with other men since 1977 (MSM)[1] are barred for life from contributing blood in any form.[2] The new proposal would allow MSM […]

Property Rules and Liability Rules for Genetic Data

By Jorge L. Contreras for BioLawToday.org, originally posted on Balkin.com.  For the Innovation Law Beyond IP 2 conference, March 28-29 at Yale Law School In 2009, the Texas Department of Health agreed to destroy a research biobank containing approximately 5.3 million infant blood samples. The samples, stored on index cards as dried blood spots, were collected over an […]

Brown to Present at Stanford, Seattle U

On October 13, Teneille Brown presented her recent work as part of a junior faculty exchange at Seattle University. On November 4, she will give a talk at Stanford Law School’s Center for Law and Biomedical Science workshop hosted by Hank Greely.  The paper she is presenting is titled “Cancer Exceptionalism at the End of […]

HHS Issues Guidance Regarding HIPAA and Same Sex Marriage

By Leslie Francis for HealthLawProfBlog.  Under HIPAA, patients’ spouses and other family members have certain rights to access health information.  In an important guidance document in the wake of United States v. Windsor, the Office for Civil Rights (OCR) at HHS has clarified that “spouse” under HIPAA refers to legally married same-sex spouses, even if the individual is receiving services in a jurisdiction […]